Hedge clauses are provisions in investment advisory agreements that aim to limit an adviser’s liability for certain actions or outcomes. The U.S. Securities and Exchange Commission (the “SEC”) has expressed the position that...more
2/14/2025
/ Contract Terms ,
Enforcement Actions ,
Fiduciary Duty ,
Indemnification Clauses ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investment Management ,
Liability ,
Private Funds ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
In a recent and highly anticipated decision, a court in the Southern District of New York held that Ripple’s cryptocurrency token – XRP – is not inherently a security. In a setback to the SEC, the court also held that...more
7/31/2023
/ Coinbase ,
Cryptocurrency ,
Digital Assets ,
Enforcement ,
Howey ,
Investment ,
Investors ,
Popular ,
Ripple ,
Securities and Exchange Commission (SEC) ,
Summary Judgment ,
Token Sales ,
Unregistered Securities
On January 26, Reuters reported SEC probes into registered investment advisers and their compliance with the custody rule for digital assets. Investment advisers should be ready to respond to any SEC inquiry and take the...more
On January 26, Reuters reported SEC probes into registered investment advisers and their compliance with the custody rule for digital assets. Investment advisers should be ready to respond to any SEC inquiry and take the...more
On February 9, 2022, the Securities and Exchange Commission (SEC) proposed new rules and amendments under the Investment Advisers Act of 1940 (Advisers Act) to enhance the regulation of private fund advisers. The proposed new...more
If you are a securities industry participant seeking to engage in digital asset-related activities, it is time to develop and enhance your compliance practices, says a risk alert by the SEC’s Division of Examinations. ...more
3/3/2021
/ Books & Records ,
Compliance ,
Custody ,
Digital Assets ,
Disclosure Requirements ,
Investment Adviser ,
Investment Company Act of 1940 ,
Portfolio Managers ,
Registration ,
Securities ,
Securities and Exchange Commission (SEC)
Beginning October 1, 2017, investment advisers filing Form ADV with the Securities and Exchange Commission (the “SEC”) must file using the amended form adopted by the SEC on August 25, 2016 (the “Amended Form ADV”). According...more